الاهتمام التشريعي بحقوق المستهلكين، مُقاربة جديدة ضمن التشريعات الحديثة: التشريعان القطري والجزائري نموذجًا

Abstract

In order to enhance consumers’ position in connection with their contractual relations, and to protect their rights vis-à-vis professionals and suppliers, this study examines the extent of the legislative attention given to the issue of consumers’ rights by modern legislation, especially with regard to the Qatari and Algerian legislations.

Taking into consideration the fact that both countries adopted a market economy pattern, at a time when consumers become the focus of market relations, especially for major international companies that seek to serve their economic interests at the expense of consumer rights. This necessitated the intervention of jurists, alongside economists and politicians, to pay more attention to consumer rights within the legal system regulating modern economic life.

The provision of consumer rights within consumer protection legislation and even constitutions have recently constituted a new approach to legal mechanisms that require further research, despite prior attention received by Islamic jurisprudence on the same subject. Hence, the current study used an inductive, descriptive and analytical approach to examine this subject.

In order to achieve the requirements of protecting consumers’ rights, this study recommends the need to devote legislative attention to consumer rights within the constitutions as a new category of basic rights. This contributes to granting consumers’ certainty and protecting their rights within the framework of their contractual relations; especially those related to enhancing consumers' livelihood, strengthening contractual protection, and the mechanism of collective lawsuits that formed the foundations of a new approach to be included in modern legislation.